California Court of Appeal

Trial court's grant of demurrer to defendant bank on plaintiff's complaint that alleged defendant denied her a permanent loan modification and sold her home at a trustee sale, is: 1) affirmed in part as to plaintiff's causes of action for conversion, to set aside or vacate void trustee sale, for slander of title, and to quiet title; but 2) reversed and remanded in part, where plaintiff stated causes of action for fraud, negligent misrepresentation, breach of written contract, promissory estoppel, and unfair competition; and 3) as to the breach of contract cause of action, because plaintiff complied with all the terms of the trial period plan (TPP) under the Home Affordable Mortgage Program, defendant must offer her a permanent loan modification.

Appellate Information

• Decided 03/18/2013
• Published 03/18/2013

Judges

• FYBEL

Court

• California Court of Appeal

Counsel